Legal Opinion

State v. Cherry

Court of Appeals of Wisconsin

Decided April 8, 2008No. 2007AP1808-CRPublishedCited by 15 opinions

1Opinion of the CourtWedemeyer, J.

¶ 1. Ray Shawn Cherry appeals from a judgment entered after he pled guilty to delivery of a controlled substance (cocaine), contrary to Wis. Stat. §§ 961.16(2)(b)l and 961.41(l)(cm)lg. (2005-06). He also appeals from an order denying his postconviction motion. Cherry raises only one issue in this appeal: whether the trial court erroneously exercised its discretion when it imposed the $250 DNA surcharge. Because the trial court failed to properly exercise its discretion before ordering the $250 DNA surcharge, we reverse and remand for further proceedings consistent with this opinion.

BACKGROUND

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2Cases cited4 opinions

  1. State v. GallionWisconsin Supreme Court · 2004
  2. State v. MeeksWisconsin Supreme Court · 2003
  3. State v. MeeksCourt of Appeals of Wisconsin · 2002
  4. State v. JonesCourt of Appeals of Wisconsin · 2004

3Cited by15 opinions

  1. State v. Tramell E. StarksWisconsin Supreme Court · 2013
  2. State v. RadajCourt of Appeals of Wisconsin · 2015
  3. State v. Adrean L. SmithWisconsin Supreme Court · 2014
  4. State v. BaldwinCourt of Appeals of Wisconsin · 2010
  5. State v. ScruggsCourt of Appeals of Wisconsin · 2015

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